Free Will in Criminal Law and Procedure. Proceedings of the 23rd and 24th IVR World Congress Kraków 2007 and Beijing 2009

This supplement to the Archives for Philosophy of Law and Social Philosophy (ARSP) covers all of the fundamental aspects of the free will problem, concentrating on questions of criminal and procedural law. In the first section the concept of free will is analyzed and the deterministic approach of Ronald J. Allen is discussed as laid out in his essay Miranda s Hollow Core in the Northwestern Law Review. The section is concluded by Professor Allen s reply to his critics. Professor Allen s determinism stands in contrast to the libertarianism of David Hodgson and Friedrich Toepel. The essays of Allan McCay and Juan Pablo Mañalich concentrate on compatibilistic theories. The second section focuses on a critical analysis of compatibilism. In this context, Angus Menuge also discusses the question of concrete evidence for a free will. Friedrich Toepel examines the relevance of alternative models, and Mateusz Klinowski argues that many of the relevant questions can already be answered by applying logical principles. In both sections, John W. Montgomery also provides rare insights into the theological background of the topic. Preface / Friedrich Toepel -- Introduction / Ronald Allen -- In Defence Of Voluntariness / David Hodgson -- The Freewill Issue In Theological Perspective / John Montgomery -- Free Will And Infinite Regress / Friedrich Toepel -- Bad Luck And Compatibilism : Smilansky's Concerns About The Shallowness Of Compatibilism / Allan Mccay -- Determinism, Free Will And Criminal Responsibility / Juan Pablo Mañalich -- Replies / Ronald Allen -- Does Neuroscience Undermine Retributive Justice? / Angus Menuge -- Some Remarks On Punishment And Free Will In Legal Theory And Classical Christian Theology / John Montgomery -- Free Will And Alternative Possibilities / Friedrich Toepel -- What Can Logic Of Action Tell Us About Responsibility And Free Will? / Mateusz Klinowski. Friedrich Toepel (ed.). Includes Bibliographical References. CONTENT I. IS FREE WILL AN INCOHERENT NOTION? II. THE CONNECTION BETWEEN PUNISHMENT, RETRIBUTIONAND FREE WILL